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tv   [untitled]    February 9, 2014 8:30pm-9:01pm PST

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extend to eleven, but that is the maximum they could ever go. >> i just wanted... i was confused by that. so they have to have the permit for a year. >> yeah, no matter what. >> and then we send it to the police station for their approval. >> great. >> i move to approve >> i second. >> there say motion and second. >> okay. so, commissioner campagnoli? >> aye. >> commissioner lee? >> yes. >> commissioner joseph. >> aye. >> commissioner hyde. >> aye. >> commissioner akers. >> aye. >> commissioner per hes? >> aye. >> and commissioner tan. >> so moved. >> that motion pass and we will move on to our next permit applicant which is drake, do you want to take that? >> i need to recuse myself on this, they are kind of close together, so i think that it is better. >> see you later. and hopefully the record shows that commissioner akers and commissioner perez are now present with us. and so go ahead and take it away. >> this is doing business as
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drake at 508, 4th street and as you know it is a lounge and restaurant located south of market but this area is zoned for service, light and industrial and sli, zoning prohibits entertainment, but there is that little section in the planning code that does allow for 12 events a year under the rent party exception and so the applicant is here to get a poe and a place of entertainment permit, the southern station has provided a list of conditions included in the binder. and park is here to talk. >> and excuse me. president tan, commissioners, mark grame here representing, kingston wo and the drake and he is present today with us and with his manager. and now, this is, i think that i have put some pictures and it was a beautiful space it was designed by a well known architect and i believe that it
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was the tenth anniversary party. and it is basically a gas show, a lounge and it is located next to the utah hotel on 4th street. planning code as you know, about i think that it was 1989 and they down zoned almost all of the south of market. and therefore, entertainment is not permitted in this district. however, under section 205.3 of the planning code there is an exception that allows one entertainment event per month, 12 times a year. and basically, other than halloween, we gave the planning commission a bunch of dates but other than halloween, and new year's eve, we are going to use this for corporate events. and in the last, few months, we have had nike twice and we have had not facebook, but, sales force. and a bunch of other local south of market tech companies.
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who seemed to like the space. and in terms of out reach you should have a copy of the alliance for a better district six agenda from the other day. we did make a presentation on the 31st, before a joint meeting of the better district six and the tenant association's coalition. and we have also presented to henry carnila in several board members of the south of market association on this particular project. the place has been opened for approximately one year and there have been no complaints from the neighbors and the police that we know of. and it is a well run, a well run club and it is nice and it is non-problematic and we would request a tentative grant. >> great, thank you. >> commissioners, you have any other questions? >> commissioner hyde? >> i am sorry, what coalition?
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>> it is called a tenant association's coalition. >> okay. >> could i just ask a planning question? so, this venue is right next to the grand, which is obviously a nightclub, is this there is a jerry man dered or other different? >> what? >> that is a good word for it. >> it is the transfer, open in 1979 and so that is basically grandfathered and this is a planning. >> so was utah. >> yeah, it was, and the hotel utah also and it was all down zoned about 9 or 10 years after this opened and so that is why, as long as they don't close for more than a year and a half, the entertainment is or will be permitted and you can continue it. >> yeah. >> got it. >> could i ask you a question about that as well? with the new western soma plan, there is entertainment permitted on, or from harrison south. and this is from harrison south, but it stops at or before 4th street? >> i believe that it stopped at
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5th street, commissioner? >> is that what it is? >> what, just to throw another monkey wrench into it and i think that i put this in my application and we will request that what the city is doing right now and i have been to several community meetings on this with the planning department but they are going to take that fourth street corridor and turn it all into an entertainment zone all the way down fourth street and so from fifth. and i am not sure how far, maybe a third and we are looking at entertainment and high-rises which seems a strange mix. >> will that come, as far as this. >> and we will figure that this is, if it takes as long as the western soma and the eastern soma plans and six years from now, we will be done but things are moving quick. and they have been on that project. for about 18 months i believe
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so it is happening >> correct me if i am wrong. >> they went out to business because they could not do entertainment. >> pretty much. >> correct. >> it is a beautiful venue. >> thanks. >> thanks for hosting the ten year anniversary. >> i have seen them and i guess, are you in agreement with them? >> and we could take a few minutes and look and come back to that. >> i understand from the employment officer, chan that these are the standard conditions and they look standard to me. >> we are fine. >> commissioner perez? >> hello. so, with the one event for the months and would you be the one who is going to be producing
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and doing things yourself, and you can come in and... >> sure, my name is kinston and i am one of the owners of drake. and the thought of getting the permit is for the number of corporate events throughout the year. the past december we had two to four corporate events, and it was a good month for us and a few of them asked to have the events and it is for the holiday parties and i think that the main driver for getting this license will be the flexibility to offer the clients to get the opportunity to have entertainment. >> and what kind of event was. nike and the sales force? >> it was the event and to have a lot of bloggers and they had the dancers. and the necklace and some shoes. and sold a lot of shoes and things like that. >> so you did not have live
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entertainment at these events. >> and what do you mean by live entertainment? >> and there was no dj. >> and yeah. >> any other comments or questions from commissioners? >> all right, i don't see any so thank you, please have a seat. officer chan if you want to come up and speak for the police and your conditions. >> good evening commissioners, representing calm tain chan in the southern station and i believe that you have a copy of the conditions and go over with them. and at this time, southern station has no opposition to the permit. so... >> thank you. >> commissioner hyde do you have a question?
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>> i just wanted to ask about four and 9. they have a working phone number and that is already covered in the good neighbor policy number eleven and the permit will monitor the sound and also covered in good neighbor policy number eight. >> is that okay? >> yes. >> all right. >> >> commissioner akers? >> i remember, i am not sure, what business it was. there was a condition on another venue about requiring that all outside promoters must have special event insurance, and part of the event, and didn't we say, was it to require or to dictate how the other people run the business and requiring that and that the event itself is. >> correct. >> and i think that came up
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with, and tim hikers and a place where they were asking for that and i said do you think that heckling would pay for that kind of insurance and then come to your event and he said no, and so we did strike it from that. however, if it is really corporate events, i mean, i guess that is something for consideration. >> the question... >> so, so, does the promoter legislation say, because i can't remember, that they have to have insurance? it does not. so insurance is a policy based in the venue. >> so, if you want to come into my venue, and do a gig, and somebody falls down and breaks their head or a piece of equipment, you bring in and blows up and hurts somebody and then it is on me, but if i get you, or if i ask you for an insurance policy naming me as additional insured they sue you first. >> i understand. >> and then sue me. >> i do understand how the
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insurance works. my question is last time. >> and outside of the venue. >> and it was outside of our dictation. >> and it is obviously good business support. >> eleven right. >> if you don't have any questions or comments for officer chan. i don't see anything, please have a seat. thank you so much. >> let's open it up for public comment. >> is there any public comment on drake's application for 12 events a year? >> i don't see any. public comment is closed. let's go ahead and i know that there is further discussion about this, if you want to strike any questions, or, but, please, couch that in the motion. >> and i would like to, move to approve this permit, or strike number 4, 9, and 11.
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>> second. >> sorry. >> second. >> all right, everyone see that and so the motion is to strike, the condition and to approve the permit, but to strike the police conditions, number 4, 9 and 11. >> yeah. >> is there a second? >> i will second that. >> there say second. is there any discussion? >> we are striking them because they are in the good neighbor policy. >> that is right. >> so it sounds like 4 and 9 are a good neighbor policy and 11 we can't mandate in terms of the special event insurance? >> but there is one thing, with 11, the very last sentence, says that sfpd shall be notified at least one week prior to the event. however, in ten, it says, that they want two weeks notice, prior to the event. >> well hopefully... if you are going to strike. >> you want the two weeks.
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>> you are getting the two weeks. >> yeah, right? >> but they are getting notice. >> all right. so that is the motion, is there any need to clarify it further? if not, let's take it to a vote. >> on the motion to approve with the recommended conditions, striking four, 9 and 11. commissioner campagnoli? >> aye. >> commissioner joseph? >> aye. >> commissioner hyde? >> aye. >> commissioner akers? >> aye. >> commissioner perez. >> aye. >> president tan. >> aye. >> so moved. >> so that motion passes. and we are going to move on to the next permit applicant, which is our guest from the last meeting, la oficino. they are located at 4234 mission. and they are still pursuing their place of entertainment permit. as you recall, mr. escoloero was here with his niece and at that time the commission had concerns about the neighborhood out reach and security and
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other issues, last saturday, commissioner hyde and i attended a meeting at angle side station and it was attended by a lot of the neighbors and an officer from the station and we had some merchants there as well. and we we took a look at all of the issues that are neighbors were complaining about, including the patron behavior and noise and we developed some solutions. recognizing that the applicant has proved to be a better operator than the previous owner, the neighbors still do have concerns that we are taking pretty seriously. the group came up with some solution to mitigate these concerns, including having the security walk the block every hour at night and make sure that there is no garbage or anything, putting a stand witch board out front asking the patron to respect the neighborhood and having the security to ask them to smoke in front of the bar rather than in front of the street in front of the homes and then asking the security to also request
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quieter disbursal at the end of the evening and so those were some ideas that we came up with and also decided that we would convene in two months to see how everything is going. so, with that i am going to turn you over to blanc and also mr. escoloero. >> my name is blanc a and since the last meeting i have sat down with him and he has been updating his security system and rearranging his cameras, and he is in the process of hiring all the bar staff, and trained bartenders and waitresses, and also be required to take the led program, i believe. the security group has the written description before it, he is posting a policy for over serving in spanish and english
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by the bar and they are going to have a logbook to stipulate you late the block and he is willing to meet with the neighbors more often as far as the good neighbor policy. to bring any issues or concerns to the table and i believe that the next meeting will be at the bar so that everyone can have a feel for those who have not been in the bar. he was doing the sandwich board outside and posting the or a few signs as far as the suspecting neighbors and they do leave the premises to leave in an early fashion. the people that smoke 15 feet away on the curb, far away from the bar and not by the building, next to it. as far as music, friday and saturdays from nine to 12, i
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believe. >> commissioner joseph? and then commissioner perez and hyde. >> i don't know if you were there two saturday nights ago but i was, along with inspector sean burke. so this is what i saw. i saw that it was very clean outside. very, very clean. and i could slightly hear some music when i got close to the door it was not offensive, it was not anything that, you know, what concerned me was that the door was locked. and it was locked with people inside during business hours, at first i thought it was closed and then i heard the music and so we knocked and sure enough, they opened it. and of course, nobody spoke english, except for the security guard who said that he did not speak english, actually did speak english. and when i asked him why did he keep the door locked he said to
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stop certain people from coming in. so please, be clear that while people are present in the bar, you cannot lock the door, any door, all doors must be opened for fire exit. and so, that was the only thing that concerned me, and he did comply, with using the juke box and he did comply, i was impressed by your security guard he was full-blown, trained, badge, stun gun, the whole nine yards, he was armed to the teeth, i had to look at his stun gun twice before i realized it was a stun gun and not a gun. and then i asked him for his guard card which he had. and then i asked him for his credentials for his stun gun and he also had that. and he was fully licensed and trained. and so my question is, why does he need that level of security?
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i mean, this guy was, you know, looked like sfpd, but i mean, why? >> was he afraid of the neighbors? >> i am just curious. >> no, he wants someone to be there and you know, to be secured at all times for the people to feel safe and to actually come in there if anything was to happen before the police arrived. he is prepared to... >> and so, with that kind of a security guard, i find it hard to believe that is not doing his job he was really serious. and so, so correct me if i am wrong and so didn't we have the neighbors say that the security guard was not enforcing stuff outside? >> and if i may, i think that a
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lot of the issues were also like from the previous owner, and that a lot of the security guard issues were definitely with the person who said that the noise was their tv, do you remember when they came in? >> i do. >> and so i think that is where the problems were. >> and okay, so, in my humble opinion, i think that the security guards is going to do his job. and that is how i felt. but i did and i would like very much for you to do a little assessment of the door and to find out where that little bit of sound is leaking out of, if you could, that would be, that would be something that i would like. if you could do that. >> but i will tell you guys, that the place was, the street was clean, the garbage cans were covered, and everything was nice, and whatever, and maybe it was that way because there was no band playing. but, it seemed to be very taken
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care of. there was a sign that said, be quiet and respect your neighbors, the whole nine yards. >> what time was that? >> what time was that. >> midnight. or 1:00 >> something like that. and we didn't start until ten, and so that was, our fifth or sixth stop during the night? it was late. >> and i had commissioner perez next and then the commissioner akers. >> hello. and i was really happy to hear from your presentation that you said that you will meet with the neighbors more often to bring the issues to the table and so what is your plan, or strategy inviting the neighbors to reach out to the folks in your neighborhood? >> thank you. >> we pretty much got the contact numbers when we had the meeting on saturday and the e-mails and i am actually helping them out to get everybody together for the next meeting just to see if anything changed from this meeting that
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we had and or if they have any concerns about the music or, just anything over all, that is bothering them, because i do know that they love the neighborhood. and so, we just want to stay neutral. >> when is that next meeting? >> we have it for the two months from now. >> two months. >> yeah. >> do you have any other questions that commissioner lee? >> so, i think that the whole thing if not granting the last time that he was here, helped a lot to educate how important it is to communicate. and i guess that he showed up and cleaned up, the place and i mean, that is the whole spirit of you know, we didn't have to grant it, you know, and put all of these conditions, but i think that the communication with the neighbors helps a lot and i think that he wants his business without getting picked on all of the time. and i think that he understands
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and a lot of the locked door thing is kind of scary, though you got to keep that door unlocked and if he doing his job, and he should deter people from coming in than locking the door. >> is there any final comments from commissioners? >> and if you could get and have a seat and we will invite back the police to speak on their conditions. >> thank you. >> thank you. >> yeah. go. >> the commissioner if i could tell you, that i just distributed before the meeting the new conditions that the sergeant put together with the edits so that you can tell what he changed reflecting the last meeting. >> great, thank you. >> good evening, commissioners, and i am sergeant engle side station and i am representing captain falfe and i will just say right off of the top that my officers and i have met with mr. escoloero and his staff to
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explain the policy as it relates to abc and the entertainment commission and to convey to him our ideas on best practices. specifically with regard to security. and every time that he has been incredibly responsive and he strikes me as being someone who is genuinely interested in having a good business that the neighborhood can be proud of. to that end, with the specifically with regard to the last two issues that we ended up with last, at the last meeting, he did have his community meeting, at engle side station, which i understand went remarkably well. and i would only add that it, and that the probably one of the reasons that it did not happen sooner is because it was not clear that it had to take place on one hand and on the other hand because there is a significant language barrier. and it, but it sounds to me like his taking steps and both
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measures, and he is making it a point, to meet with people, and provide a telephone number and the only other thing that i might add is that he be certain to make arrangements for or add an accomplish speaker because most of the people who live in the neighborhood who have or many of the people who live in that neighborhood who have concerns are english speaking. >> we also talked about security. he, at the first time that i went in he had a rather inaccessible security system and i told him that it can't be in the ceiling it has to be 234 the place that is immediately accessible and i told him about the codes that with the language that would suggested that it would be and the best practice and at some and limited required from the cooperate with the police and in order for us to do that, we would have to add a computer
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screen and put it in a safe place, and do the wiring and i didn't think that it was going to happen right away, and i didn't think that it was going to be done by the time that i came to this meeting this evening but it was in the space of three days, he had completely revamped his security system and taken care of all of the issues that we were concerned with. and the other item was that having to speak to one of the security guards, and specifically, with regard to what is found in the street and they were not clear that they were responsible for all of it and they could not always establish what was their, or what the client's problem and what came from outside. and i said, you know, don't worry about that, call the department of public works and they will come and clean it up if you can't do-it-yourself. and then, they were not exactly hour how to go hands on with somebody on the street who might be causing the problem.
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and i told them that it is not their job to go hands on with anybody, that is our job. you know, they, should but they should feel comfortable to calling 911. so that we can spopd in a timely manner and take care of any concerns, any way, that is in order to be encouraged by the steps that we have taken and specifically with regard to our recommendation and i tried to give you two copies so i hope that they both made hem to you and the red is the earlier items that we add and we offered that these are recommendations and we don't expect all of them to appear in the stimulations. and so with that, did you have any questions. >> item number 1 is struck. >> yeah. >> completely. >> yes. >> and it was with, and in the food note there refer to number 5, and number five and it adequately addresses the issues that we have with regard to
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number one and i am sure that it is a typo should be permitted during 12 p.m. and 11:30 a.m. and you mean, 11:30 p.m. >> yes. >> you do. >> and so that is a typo. >> yes. >> and just checking. >> i typed this up like 15 minutes. >> you type must better than i do. >> and had red. >> and the blue is added from last time. >> yeah. >> and so, you are even in ours. >> and i did my best to add some codes which i believe... >> not in our jurisdiction. >> which i believe highlight why any particular section might be relevant, but with respect to those codes, but i imagine that you are with them and you might only have to refer to their being responsible for following them and something like in the good
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neighbor policy and then it will be necessary to add it to the recommendations. >> i have one more question for you, do they already have their liquor license transferred? >> good question. i'm... >> i believe so. >> so do you know what the conditions on that liquor license is. >> no, not just up, off of the top of my head. >> so you cannot condition a liquor license for hours. >> that is... we can't condition a liquor license, for hours. >> right. >> but even you cannot condition a liquor license for hours. only the abc can do that upon recommendation by you to the abc, >> right. >> so if the abc gave him until 2:00 in the morning and you are restricting him to 11:30. >> i understand your concern, they are well within their authority to give him until 2:00, but i believe that let's see, this is in accord with the applicant's original request. but as... >> but it cannot, and if it is not part of the abc permit and
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they change their mind during the road, this condition is not enforcable by us, and by us and it is not even enforcable by you, and and you have to turn it over to the alu to bring it to the abc and i just wanted to be clear about that. >> if they want to stay open until 2:00 in the morning, monday through sunday that would be fine at this point. we can explain it because of the security measures and the, the good neighbor policy. but the security measures that they put in place, both and mr. escoloero's place of business and also at the green cross down the street. the green cross is also offered to step forward and help him with any security problems. >> that is great. thank

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